In the negotiation process between a car accident lawyer and the at-fault party's insurance company, the lawyer first gathers all relevant evidence. That includes medical records, police reports, crash scene evidence, and witness statements.
They then submit a demand letter to the insurance company, outlining the injuries, the impact on your life, and the compensation being sought. The insurance company reviews the demand and either accepts it, rejects it, or makes a counteroffer.
This initiates a series of negotiations between the lawyer and the insurer. They may go back and forth to reach a settlement that adequately compensates you while considering the policy limits and the strength of the evidence. If an agreement is reached, the case is settled out of court.
If a settlement can't be reached between your attorney and an insurance company, the case may proceed to litigation. Your lawyer will file a lawsuit on your behalf and initiate a court case. The process involves filing legal documents, discovery (where both parties exchange evidence), and possibly depositions.
As the case progresses, there may still be opportunities for settlement negotiations. Most cases are resolved before reaching trial. If a settlement is still not achieved, the case will go to trial.
If your car accident case goes to trial in New York, your attorney will present evidence and testimony to prove the defendant's liability and the extent of your damages. This may include medical records, expert testimonies, and witness statements. The defendant's attorney then presents their case, possibly challenging the evidence and the extent of your claimed damages.
After both sides have presented their arguments and cross-examinations, closing arguments are made. The jury deliberates and then delivers a verdict, deciding on liability and, if applicable, the amount of compensation you are entitled to. If the jury finds in your favor, the court will enter a judgment against the defendant for the awarded amount.